Court of Appeal Rules

This is an unofficial version.If you need an official copy, use the bilingual (PDF) version.
This version is current as of May 22, 2018.It has been in effect since March 15, 1990, when this Act came into force.

WHEREAS it is desirable that provision should be made for the central administration of the municipal, school and other local affairs of the Town of Flin Flon and a portion of the northern administration district in the Province of Saskatchewan (referred to in this Act as "the boundary area"), and any approved outlying areas in the Provinces of Saskatchewan and Manitoba (referred to in this Act as "the provinces");

AND WHEREAS the effective central administration of an area can be based only on the identity of the laws applicable to its parts;

AND WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislature Assembly of Manitoba, enacts as follows:

"approved Act" means an Act, or part of an Act, of either of the provinces, made applicable to a part of the other province, under the provisions of this Act or The Flin Flon Extension of Boundaries Act of Saskatchewan; (« loi approuvée »)

"approved outlying area" means any part of the province joined with the town for the purpose of any municipal school, or other local matter; (« région éloignée approuvée »)

"boundary area" means that portion of the Province of Saskatchewan described as follows:

That portion of the north-east quarter of section 35 in township 66 in range 30 west of the First Meridian lying east of parcel A as shown on plan No. B.Q. 53 of record in the land titles office for the Prince Albert Land Registration District, the north half of section 36 in township 66 and range 30, except that portion included in parcel A, and that portion of the road allowance adjoining the northerly limit of the above lands lying south of the interprovincial boundary between the provinces of Manitoba and Saskatchewan; (« région frontalière »)

"complementary order in council" means an order in council expressed as being complementary to an order in council issued under The Flin Flon Extension of Boundaries Act of Saskatchewan; (« décret complémentaire »)

"composite area" means the town and the boundary area together, where the context so requires, with any approved outlying area. (« région combinée »)

(a) the town, as part of the composite area, shall be governed by a council, to be elected under an approved Act for the government of the composite area;

(b) educational matters relating to public and high schools in the town shall be governed by a board of trustees, to be elected under an approved Act;

(c) any institution, works, construction, improvement or service, with respect to which an agreement might be entered into under an Act of the Legislature of Manitoba, shall be subject to a governing authority elected or otherwise ascertained under an approved Act.

Appointed days

3(1) Appointed days shall be fixed by a complementary order in council.

Fixing of appointed day

3(2) An appointed day may be fixed with respect to all or any of the matters mentioned in this Act.

(a) apply to any Act of the Legislature of Saskatchewan or any part of any such Act, either with or without modification, to the town or to any approved outlying area;

(b) declare that any Act of the Legislature of Manitoba, or any part of an Act, shall cease to operate with respect to the town or to any approved outlying area;

(c) where any difficulty arises in the application of an Act, or of any part of an Act, of the Legislature of Saskatchewan or in bringing into operation any provision of an Act, make such provisions for removing the difficulty as the Lieutenant Governor in Council may judge necessary for that purpose, and in so doing may modify any such Act in so far as the town or any approved outlying area is concerned;

(d) apply the provisions of The Planning Act or section 906 (zoning) of The Municipal Act to the following area: all that portion of the south half of section 36 in township 66 in range 30 west of the First Meridian lying east of parcel A as shown on plan No. B.Q. 53 of record in the land titles office for the Prince Albert Land Registration District or to any approved outlying area in Manitoba, subject to the right of The Hudson Bay Mining and Smelting Company Limited to build highways or tramways or to carry on its mining operations in the approved outlying area; and if any difficulty arises in the application of the provisions, or in bringing them into operation, may make such provisions for removing the difficulty as the Lieutenant Governor in Council may consider necessary for that purpose and, in doing so may modify the provisions of the Act or section in so far as the area is concerned;

(e) declare that all or any persons resident in, or at any time in, the town or any approved outlying area shall, for the purposes mentioned in the order in council, and for such purposes only, be subject to the same laws and liabilities, and possess the same rights as if they were resident, or were in the boundary area;

(f) direct that an Act or part of an Act, be read so far as possible, as if the town and the boundary area or any approved outlying area mentioned in the order form a part of the town, subject to the legislative authority of the Legislature of Saskatchewan;

(g) provide for the holding of elections or the doing of any thing, whether or not required by an approved Act, that should in the opinion of the Lieutenant Governor in Council be done before an appointed day;

(h) appoint a committee with authority to redraft an approved Act or Acts in conformity with this Act and any order in council issued under this Act, with the intention that the redrafted Act or Acts shall serve as the charter of the composite area; and conformity shall be conclusively presumed, on the redrafted Act of Acts being approved by complementary orders-in-council;

(i) prescribe procedure to be followed in any matter required or permitted to be done by this Act, or any order in council made under this Act, whether or not other procedure is prescribed by an approved Act;

(j) make rules and regulations to carry out the general intent of this Act;

(k) in particular, but without in any way affecting the generality of the other powers conferred in this Act, changed the provisions of any Act

(i) to provide for the imposition and collection of municipal, school or other taxes, not being provincial taxes, in the boundary area or any approved outlying area in the same manner and to the same amount as if the boundary area or the approved outlying area were part of the town,

(ii) to provide that a justice of the peace having jurisdiction in the boundary area shall have all such jurisdiction in the town or approved outlying area as a justice of the peace possesses in the boundary area and as is derived from the authority of Saskatchewan,

(iii) to confer and impose on the council of the composite area all the rights and liabilities of the town arising from contract or otherwise,

(iv) to provide for the substitution of any authority mentioned in an approved Act for any authority which otherwise would have jurisdiction in the matter under the legislation of the province,

(v) to give a name to the composite area,

(vi) to provide for the payment of grants to the council of the composite area that would otherwise be payable to some other local authority,

(vii) to provide for the transfer of any property vested in the town to the council of the composite area, and the appointment of persons to effect such transfer.

5 Where there is any conflict between this Act or any order in council made under it and any other Act, either direct or arising by implication, this Act and the order in council shall prevail.

Reports

6 Wherever it is directed in an approved Act that a report shall be made to the Lieutenant-Governor of Saskatchewan or to any minister of the Government of Saskatchewan, a similar report shall be made to the Lieutenant Governor in Council or a minister of Manitoba.

Retrospective orders

7 Any order in council made under this Act may be expressed to have a retroactive operation.

Disposal of property

8 The council of the composite area shall hold all property or the proceeds of the property, for the component parts of the composite area, but this provision does not prevent the disposal of, or dealing with, any property in accordance with the provisions of an approved Act.

Delegation of powers

9 The Lieutenant Governor in Council may delegate any of the duties or powers conferred or imposed upon him or her by this Act to any minister of the Crown.

Change in administration

10 Where difficulty is occasioned by the town or any approved outlying area falling under an approved Act in place of an Act previously governing the administration of the town or the approved outlying area in respect of the matter in question, the Lieutenant Governor in Council may make a regulation that seems to the Lieutenant Governor in Council to be necessary or convenient to facilitate the passing from one Act to another, and the regulation shall have the same effect as if it were set out in this Act, notwithstanding that it may affect the substantive rights of a person.

Crown rights not affected

11 Subject to section 12, this Act shall not affect a tax payable to the Crown, or its collection, or any other right of the Crown.

Crown taxes

12 The council of the composite area shall, on learning the amount of the public revenues tax imposed by the Legislature of Saskatchewan, and the amount of the Municipal Commissioner's levy imposed by the Legislature of Manitoba, pay such amounts to the respective governments of the province and shall strike one general rate over the whole composite area to defray the amount of the payments.

Debentures

13 Every debenture authorized by the council of the composite area shall, on being countersigned by The Municipal and Public Utility Board, have the same effect on property situated in Manitoba, and the rates and taxes payable in respect of property or persons in the composite area, as if it were a debenture countersigned by The Municipal and Public Utility Board under The Municipal Public Utility Board Act, and as if the council of the composite area were the council of a town consisting of the present Town of Flin Flon.